Herbst v Neuromedical Systems, Inc.
Motion No: 2009-01147
Slip Opinion No: 2009 NY Slip Op 74678(U)
Decided on June 10, 2009
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M87804

E/sl

ROBERT A. SPOLZINO, J.P.

DANIEL D. ANGIOLILLO

CHERYL E. CHAMBERS

PLUMMER E. LOTT, JJ.

2009-01147

Jackie Herbst, appellant, Herman Erdan,

respondent, et al., plaintiff, v Neuromedical

Systems, Inc., et al., defendants; Bornstein &

Sheinbaum, nonparty.

(Index No. 44076/95)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Kings County, dated December 11, 2008, to direct Bornstein & Sheinbaum to release certain money held in escrow and to impose a sanction upon the respondent and the respondent's attorney.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

SPOLZINO, J.P., ANGIOLILLO, CHAMBERS and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court